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Today is Sunday, May 19, 2013

Republic of the Philippines SUPREME COURT Manila

010 RULES OF PROCEDURE IN ELECTION CONTESTS BEFORE THE COURTS INVOLVING ELECTIVE MUNICIPAL OFFICIAL RESO !T"O#

'endation of the (hai&'an and Me'be&s of the Sub)co''ittee on "nte&nal Rules, the (ou&t RESO *E+ to $PPRO*E the ,2010 Ru efo&e the (ou&ts "n-ol-in% Electi-e Municipal Officials.,

a/e fifteen 0112 days afte& thei& publication in newspape& of %ene&al ci&culation in the Philippines.

REYNATO S. PUNO

(hief 3ustice ANTONIO T. CARPIO $ssociate 3ustice CONCHITA CARPIO MORALES $ssociate 3ustice ANTONIO EDUARDO B. NACHURA $ssociate 3ustice ARTURO D. BRION $ssociate 3ustice LUCAS P. BERSAMIN $ssociate 3ustice ROBERTO A. ABAD $ssociate 3ustice JOSE PORTUGAL PEREZ $ssociate 3ustice ) $&ellano aw 5oundation RENATO C. CORONA $ssociate 3ustice PRESBITERO J. VELASCO, JR. $ssociate 3ustice TERESITA J. LEONARDO-DE CASTRO $ssociate 3ustice DIOSDADO M. PERALTA $ssociate 3ustice MARIANO C. DEL CASTILLO $ssociate 3ustice MARTIN S. VILLARAMA, JR. $ssociate 3ustice JOSE CATRAL MENDOZA $ssociate 3ustice

2010 RULES OF PROCEDURE FOR MUNICIPAL ELECTION CONTESTS RULE I SCOPE coverage. 6 These Rules shall be /nown and cited as The 2010 Rules of P&ocedu&e fo& Municipal Election (ontests.

pply to election contests unde& the $uto'ated Election Syste' usin% the P&ecinct (ount Optical Scan, and shall %o-e&n the filin% of p ese contests.

on of the Rules of Court. 6 The Rules of (ou&t shall apply to aspects of pleadin%s, p&actice and p&ocedu&e in election contests not spe

ion of terms. 6 5o& pu&poses of and as used in these Rules7

(ou&ts 6 &efe&s to the Re%ional T&ial (ou&t8

Election 6 'eans the choice o& selection of candidates fo& public office by popula& -ote th&ou%h the use of the ballot. Specifically, it copolls, includin% the listin% of -ote&s, the holdin% of the electo&al ca'pai%n, the castin% and countin% of ballots, the consolidation and t&a

lts, and the can-assin% of the &etu&ns8

$uto'ated Election Syste' o& $ES 6 &efe&s to an election syste' usin% the technolo%y desi%nated by the (o''ission on Elections 0( n%, countin%, consolidatin%, can-assin%, t&ans'ission of election &esults, and the &etu&ns8

P&ecinct (ount Optical Scan o& P(OS 6 &efe&s to the 'achine as well as the technolo%y usin% an optical ballot scanne&, located in e-e ns o& &eads pape& ballots that -ote&s 'a&/ by hand and inse&t into the scanne& to be counted8

Official ballot 6 &efe&s to the pape& ballot, capable of bein% optically scanned, with the p&e)p&inted na'es of all candidates and with o-a h of the p&inted na'es. The o-als a&e the spaces whe&e -ote&s e9p&ess thei& choice th&ou%h 'a&/in% o& shadin% usin% a (OME E()p

ictu&e "'a%e of the :allot 6 &efe&s to the i'a%e of the ballot captu&ed by the P(OS 'achine at the ti'e the -ote& feeds his;he& ballot, ed in a 'e'o&y o& &e'o-able data sto&a%e de-ice attached to the P(OS 'achines.

Election Retu&n 6 &efe&s to the docu'ent showin% the date of the election, the p&o-ince, city, 'unicipality and the p&ecinct whe&e -otin% be& of -otes in fi%u&es fo& each candidate in a p&ecinct o& in cluste&ed p&ecincts.

Elect&onic Election Retu&n 6 &efe&s to the copy of the election &etu&n in elect&onic fo&', %ene&ated by the P(OS 'achine, that is elect&o 12 the Municipal :oa&d of (an-asse&s fo& the official can-ass8 022 the (OME E( :ac/)!p Se&-e&8 032 the se&-e& fo& the do'inant 'a4 e& fo& do'inant 'ino&ity pa&ty8 012 se&-e& fo& the citi=en>s a&' autho&i=ed by the (OME E( to conduct a pa&allel count8 and 0?2 the @a adcaste& sa Pilipinas o& @:P.

&inted Election Retu&n 6 &efe&s to the copy of the election &etu&n p&inted by the P(OS 'achine on pape&, and authenticated by the 'a thu'b'a&/s of the :oa&d of Election "nspecto&s 0:E"2 'e'be&s.

ect&onic t&ans'ission 6 &efe&s to the act of con-eyin% data in elect&onic fo&' f&o' one location to anothe&.

(an-ass p&oceedin%s 6 &efe&s to the p&oceedin%s that in-ol-e the consolidation of p&ecinct election &esults at the 'unicipal le-el. The t o&'al p&ocla'ation of the election winne&s at the 'unicipal le-el.

onsolidation 'achine 6 &efe&s to the 'achine used du&in% the can-ass p&oceedin%s to consolidate at e-e&y can-ass le-el.

State'ent of *otes by P&ecinct, Municipality, (ity, +ist&ict, P&o-ince, o& O-e&seas $bsentee *otin% 0O$*2 Station )6&efe&s to a docu' in p&inted fo&' %ene&ated by consolidation 'achines o& by co'pute&s du&in% the can-ass p&oceedin%s. This docu'ent &eco&ds the -o didates in each p&ecinct, 'unicipality, city, dist&ict, p&o-ince, o& O$* Station, as the case 'ay be.

Municipal (e&tificate of (an-ass 6 &efe&s to the docu'ent in elect&onic and in p&inted fo&', containin% the total -otes in fi%u&es obtaine didate in the 'unicipality the elect&onic fo&' of which is the official can-ass &esult in the 'unicipality elect&onically)t&ans'itted to a hi%

(e&tificate of (an-ass and P&ocla'ation 6 &efe&s to the official docu'ent in p&inted fo&', containin% the na'es of all candidates who o be& of -otes in a pa&ticula& 'unicipality and ce&tifyin% to these candidates> p&ocla'ation as winne&s.

+ata Sto&a%e +e-ice 6 &efe&s to the de-ice that sto&es elect&onic docu'ents f&o' whe&e data 'ay be obtained when necessa&y to -e& co&&ectness of election data. The data sto&a%e de-ice used in a P(OS shall be unde& the custody and di&ect &esponsibility of the elec pletion of the -otin% p&ocess. $ data sto&a%e de-ice includes the bac/)up sto&a%e de-ice unde& (OME E( custody that li/ewise sto&e t&onic copies of data.

$udit o% 6 &efe&s to the elect&onic docu'ent, sto&ed in the P(OS 'achine>s data sto&a%e de-ice, containin% the list of all acti-ities the

o&'s f&o' the ti'e that it is powe&ed on until it is tu&ned off.

lect&onic docu'ent 6 &efe&s to the &eco&d of info&'ation o& the &ep&esentation of info&'ation, data, fi%u&es, sy'bols o& othe& 'odes of c&ibed o& howe-e& &ep&esented, by which a fact 'ay be p&o-ed and affi&'ed, which is &ecei-ed, &eco&ded, t&ans'itted, sto&ed, p&ocess uced elect&onically. "t includes di%itally)si%ned docu'ents and any p&intout o& output, &eadable by si%ht o& othe& 'eans, that accu&ate t&onic docu'ent.

pu&poses of these Rules, an elect&onic docu'ent &efe&s to eithe& the pictu&e i'a%e of the ballots o& the elect&onic copies of the electio e'ents of -otes, the ce&tificates of can-ass, the audit lo%, and othe& elect&onic data p&ocessed by the P(OS and consolidation 'achin

Manual count of ballots 6 whe&e -otin% usin% the $ES ballots p&oceeded 'anually because the P(OS 'achines could not be used, -o nted 'anually unde& the %uidelines p&o-ided by the (OME E(, and the cou&ts shall be %uided acco&din%ly.

lection contests 6 &efe&s to election p&otests o& petitions fo& Auo wa&&anto.

Election p&otest 6 &efe&s to an election contest in-ol-in% the election and &etu&ns of 'unicipal electi-e officials, %&ounded on f&aud o& i&& 'itted in the conduct of the elections, i.e., in the castin% and the countin% of the ballots, in the consolidation of -otes and in the can-a othe&wise classified as a p&e)p&ocla'ation cont&o-e&sy co%ni=able by the (OME E(. The issue is who obtained the plu&ality of -alid -

Quo Warranto unde& the O'nibus Election (ode 6 &efe&s to an election contest in-ol-in% the Aualifications fo& office of an electi-e 'un %&ound of ineli%ibility o& disloyalty to the Republic of the Philippines. The issue is whethe& the &espondent possesses all the Aualificatio ualifications p&esc&ibed by law.

Re-ision of ballots 6 &efe&s ton the &ecount of ballots th&ou%h thei& physical count8 the se%&e%ation of ballots fo& the p&otestant, the p&ot didates fo& the sa'e position and the &eco&din% of the ob4ections and clai's to these ballots.

P&o'ul%ation 6 &efe&s to the p&ocess of officially issuin% the cou&t>s decision o& o&de& in an election contest.

powers of the court. 6 $ &e%ional t&ial cou&t actin% on an election contest shall ha-e all the inhe&ent powe&s of a cou&t p&o-ided unde& udin% the powe& to issue au9ilia&y w&its, p&ocesses, and othe& 'eans necessa&y to ca&&y its autho&ity o& 4u&isdiction into effect and to ad essly p&o-ided by, but confo&'able with, law, these Rules, o& the Rules of (ou&t.

ction. 6 The Rules shall be libe&ally const&ucted to achie-e a 4ust, e9peditious, and ine9pensi-e dete&'ination and disposition of 'unic

RULE 2 ELECTION CONTESTS

on of regional trial courts. 6 Re%ional t&ial cou&ts shall ha-e e9clusi-e o&i%inal 4u&isdiction o-e& all election contests in-ol-in% 'unicipa

ated. 6 $n election contest is initiated by the filin% of an election p&otest o& a petition fo& Auo wa&&anto a%ainst an electi-e 'unicipal of fo& Auo wa&&anto shall be filed di&ectly with the cou&t in th&ee le%ible copies plus such nu'be& of copies co&&espondin% to the nu'be&

shall not include a petition fo& Auo wa&&anto, no& shall a petition fo& Auo wa&&anto include an election p&otest.

f service and filing. 6 Se&-ice and filin% of pleadin%s, includin% the initiato&y petition and othe& subseAuent pape&s, shall be done pe&so o' the cou&t, &eso&t to othe& 'odes of se&-ice 'ust be acco'panied by a w&itten e9planation why the se&-ice o& filin% was not done p

-iolatin% this Rule shall be conside&ed not to ha-e been filed.

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protest. 6 $ petition contestin% the election o& &etu&ns fo& an electi-e 'unicipal office shall be filed with the p&ope& Re%ional T&ial (ou& he sa'e office and who &ecei-ed the second o& thi&d)hi%hest nu'be& of -otes o&, in a 'ulti)slot position, was a'on% the ne9t fou& can e& duly p&oclai'ed, as &eflected in the official &esults of the election contained in the State'ent of *otes by P&ecinct. The pa&ty filin% t &otestant8 the ad-e&se pa&ty shall be /nown as the p&otestee.

efe& e9clusi-ely to one office8 howe-e&, contests fo& offices of the San%%unian% :ayan 'ay be consolidated in one case.

ranto. 6 $ petition fo& Auo wa&&anto a%ainst an electi-e 'unicipal official shall be filed with the p&ope& Re%ional T&ial (ou&t by any &e%i al election. The pa&ty filin% the petition shall be desi%nated as the petitione&8 the ad-e&se pa&ty shall be /nown as the &espondent.

must #e verified and accompanied #$ a certificate of non%forum shopping. 6 $n election p&otest o& a petition fo& Auo wa&&anto shall be the affiant has &ead the petition and that its alle%ations a&e t&ue and co&&ect of the affiant>s own /nowled%e o& based on authentic &eco on and belief, o& upon ,/nowled%e, info&'ation and belief, is not sufficient.

etitione& shall si%n pe&sonally the ce&tificate of non)fo&u' shoppin%, which 'ust be anne9ed to the election p&otest o& petition fo& Auo w

ufficiently -e&ified petition o& one that lac/s a ce&tificate of non)fo&u' shoppin% shall be dis'issed out&i%ht and shall not suspend the & he filin% of an election p&otest o& petition fo& Auo wa&&anto.

o file protest or petition& non%extendi#le. 6 The election p&otest o& petition fo& Auo wa&&anto shall be filed within a non)e9tendible pe&iod te of p&ocla'ation.

$ of pre%proclamation controvers$. 6 The pendency of a p&e)p&ocla'ation cont&o-e&sy, in-ol-in% the -alidity of the p&ocla'ation as de % of the pe&iod fo& the filin% of an election p&otest o& petition fo& Auo wa&&anto.

EC )udgment in dis*ualification case. 6 The decision of the (OME E(, eithe& en banc o& in di-ision, in a disAualification case shall no & Auo wa&&anto based on the sa'e %&ound, e9cept when the Sup&e'e (ou&t has affi&'ed the (OME E( decision.

ts of the protest or petition. 6 0a2 $n election p&otest o& petition fo& *uo warranto shallcommonly and specifically state the followin% fa 0i2 the position in-ol-ed8 0ii2 the date of p&ocla'ation8 and 0iii2 the nu'be& of -otes c&edited to the pa&ties pe& the p&ocla'ation.

$ Auo wa&&anto petition shall also state7 0i2 if the petitione& is not a candidate fo& the sa'e 'unicipal position, the facts %i-in% the petitione& standin% to file the petition8 0ii2 the Aualifications fo& the 'unicipal office and the disAualifications p&esc&ibed by law8 0iii2 the petitione&>s cited %&ound fo& ineli%ibility o& the specific acts of disloyalty to the Republic of the Philippines.

$n election p&otest shall also state7

0i2 that the p&otestant was a candidate who had duly filed a ce&tificate of candidacy and had been -oted fo& the sa'e office8 0ii2 the total nu'be& of p&ecincts in the 'unicipality8 0iii2 the p&otested p&ecincts and -otes of the pa&ties a&e not specified, an e9planation why the -otes a&e not specified8 and

0i-2 a detailed specification of the acts o& o'issions co'plained of showin% the electo&al f&auds, ano'alies o& i&&e%ula&ities in the p

of cases. 6 The Sup&e'e (ou&t shall desi%nate the Re%ional T&ial (ou&t within a 4udicial &e%ion that shall ta/e co%ni=ance of election p &&anto. $ &affle conducted by the e9ecuti-e 4ud%e shall dete&'ine the assi%n'ent of cases to these cou&ts e9cept in sin%le)sala cou&ts ed by the Sup&e'e (ou&t. #o cou&t shall assu'e 4u&isdiction o-e& an election contest unless the case has been p&ope&ly assi%ned to

02<2 hou&s befo&e the &affle, the cle&/ of cou&t 'ust se&-e pe&sonal notice to the pa&ties, statin% the date and ti'e of the &affle. P&oof o 'itted to the cou&t, and the &affle shall be open to the public. The Sup&e'e (ou&t shall issue the necessa&y ci&cula& i'ple'entin% this

& a chan%e of -enue o& place o& t&ial fo& co'pellin% &easons to a-oid a 'isca&&ia%e of 4ustice.

ar$ dismissal of election contests. 6 The cou&t shall su''a&ily dis'iss, 'otu p&opo&io, an election p&otest, counte&)p&otest o& petition f %&ounds7

The cou&t has no 4u&isdiction o-e& the sub4ect 'atte&8

The petition is insufficient in fo&' and content as &eAui&ed unde& Section 108

he petition is filed beyond the pe&iod p&esc&ibed in these Rules8

The fillin% fee is not paid within the pe&iod fo& fillin% the election p&otest o& petition fo& Auo wa&&anto8 and

n a p&otest case whe&e cash deposit is &eAui&ed, the deposit is not paid within fi-e 012 days f&o' the fillin% of the p&otest. RULE SUMMONS

ns. 6 Bithin twenty)fou& 02<2 hou&s f&o' the fillin% of a p&otest o& petition, the cle&/ of cou&t shall issue the co&&espondin% su''ons to ethe& with a copy of the p&otest o& petition, &eAui&in% the fillin% of an answe& within a non)e9tendible pe&iod of fi-e days f&o' notice.

of summons. 6 The su''ons shall be se&-ed by handin% copies of the su''ons and of the p&otest o& the petition to the p&otestee o& f the p&otestee>s o& the &espondent>s &efusal to &ecei-e and si%n these copies, by tende&in% the' to hi' o& he&.

ses, the p&otestee o& the &espondent cannot be se&-ed in pe&son as p&o-ided abo-e, se&-ice 'ay be effected by lea-in% copies of the n at7

The p&otestee>s o& the &espondent>s &esidence, with a pe&son of suitable a%e and disc&etion &esidin% the&ein, o&

The p&otestee>s o& the &espondent>s office o& &e%ula& place of business, with a co'petent pe&son in cha&%e the&eof.

m served. 6 The su''ons shall be se&-ed by a she&iff, a deputy she&iff, a p&ocess se&-e& o& any othe& suitable pe&son autho&i=ed by th

RULE 4 ANS!ER AND COUNTER-PROTEST

answer& counter%protest. 6 Bithin fi-e 012 days f&o' &eceipt of the su''ons and the copy of the p&otest o& petition, the p&otestee o& th ee 032 le%ible copies, with p&oof of se&-ice of a copy on the p&otestant o& the petitione&.

-e&ified and 'ay set fo&th ad'issions and denials, special and affi&'ati-e defenses, and a co'pulso&y counte&clai'. The p&otestee e answe&.

shall specify the counte&)p&otested p&ecincts and the pa&ties> -otes pe& the State'ent of *otes by P&ecinct and, in the p&ope& case, a acts o& o'issions co'plained of as electo&al f&aud, ano'alies o& i&&e%ula&ities in the counte&)p&otested p&ecincts8 if the -otes a&e not s be 'ade fo& the o'ission.
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o counterclaim or counter%protest. 6 The p&otestant o& petitione& shall answe& the counte&clai' o& counte&)p&otest within a non)e9tend .

ns in the answer. 6

+pecific denial. 6 $ p&otestee o& &espondent 'ust specify each 'ate&ial alle%ation of fact whose t&uth he o& she does not ad'it8 whene he shall set fo&th the substance of the 'atte&s upon to suppo&t the denial. The p&otestee o& &espondent shall specify the a-e&'ents tha e&ial, and shall deny the &est.

Allegations not specif$ denied deemed admitted. 6 Mate&ial a-e&'ents in the p&otest o& petition, othe& than the a'ount of unliAuidated es on the app&eciation of ballots, shall be dee'ed ad'itted when not specifically denied. failure to plead. 6

.efenses and o#)ections not pleaded. 6 +efenses and ob4ections not pleaded a&e dee'ed wai-ed. The cou&t shall dis'iss the clai' w the pleadin%s o& the e-idence on &eco&d that 012 the cou&t has no 4u&isdiction o-e& the sub4ect 'atte&8 o& 022 the&e is anothe& action pe e pa&ties fo& the sa'e cause8 o& 032 the action is ba&&ed by a p&io& 4ud%e'ent o& by the statute of li'itations.

Compulsor$ counterclaim or cross%claim not set up #arred. 6 $ co'pulso&y counte&clai' o& a c&oss)clai' not set up shall be ba&&ed.

Effect of failure to answer. 6 "f the p&otestee o& the &espondent fails to answe& within the ti'e allowed in an election p&otest that does n sion o& in a petition fo& Auo wa&&anto, the cou&t 6 upon 'otion of the P&otestant o& the petitione&, with notice to the p&otestee o& the &es f of such failu&e 6 shall p&oceed to &ende& 4ud%'ent %&antin% the &elief p&ayed fo& on the basis of the alle%ations of the -e&ified p&otest cou&t in its disc&etion opts to &eAui&e the p&otestant o& the petitione& to sub'it e-idence e9 pa&te.

p&otest in-ol-es &e-ision o& e9a'ination of ballots o& the -e&ification o& &e)tabulation of the election &etu&ns, the cou&t shall issue the ap de& 4ud%'ent based on the &esults of the &e-ision, e9a'ination, -e&ification o& &e)tabulation. +u&in% these p&oceedin%s, only the p&otes estee, o& his o& he& duly autho&i=ed &ep&esentati-e, has the &i%ht to be p&esent and to obse&-e the p&oceedin%s, without the &i%ht to ob election &etu&ns.

ompute time. 6 "n co'putin% any pe&iod of ti'e p&esc&ibed o& allowed by these Rules, by o&de& of the cou&t o& by any applicable statu /in% the sta&t when ti'e be%ins to &un is to be e9cluded and the date of pe&fo&'ance included. "f the last day of the pe&iod, as so co' , o& a le%al holiday in the place whe&e the cou&t sits, ti'e shall not &un until the ne9t wo&/in% day.

ments& limitations. 6 $fte& the e9pi&ation of the pe&iod fo& the fillin% of an election p&otest, counte&)p&otest o& petition fo& Auo wa&&anto, s

oaden the scope of the action o& int&oduce an additional cause of action 'ay be allowed only upon lea-e of cou&t. ea-e of cou&t 'ay pea&s to the cou&t to be intended fo& delay. $ny a'end'ent in 'atte&s of fo&' 6 such as a defect in the desi%nation of the pa&ties and hical e&&o&s 6 'ay su''a&ily co&&ected by the cou&t at any sta%e of the p&oceedin%s, at its initiati-e o& on 'otion, p&o-ided the co&&ecti se pa&ty. RULE " MOTIONS

must #e in writing. 6 $ll 'otions shall be in w&itin%, e9cept fo& those 'ade in open cou&t.

service necessar$. 6 The cou&t shall not act on any w&itten 'otion, e9cept upon sub'itted p&oof of se&-ice on the ad-e&se pa&ty.

ngs on motions. 6 #o 'otion shall be set fo& hea&in%, and no o&al a&%u'ent shall be allowed in suppo&t of any 'otion, e9cept upon th ee'ed sub'itted fo& &esolution unless the ad-e&se pa&ty files his o& he& w&itten ob4ections within fi-e 012 days f&o' se&-ice. The cou&t s ys f&o' the ti'e it is dee'ed sub'itted fo& &esolution. RULE # PROHIBITED PLEADINGS

d pleadings and motions. 6 The followin% pleadin%s, 'otions o& petitions shall not be allowed in the cases co-e&ed by these Rules7

Motion to dis'iss the petition, e9cept on the %&ound of lac/ of 4u&isdiction o-e& the sub4ect 'atte&8

Motion fo& a bill of pa&ticula&s8

+e'u&&e& to e-idence8

Motion fo& new t&ial, o& fo& the &econside&ation of a 4ud%'ent, o& fo& &eopenin% of t&ial8

Petition fo& &elief f&o' 4ud%'ent8

otion fo& e9tension of ti'e to file pleadin%s, affida-its o& othe& pape&s8

Me'o&anda, e9cept as p&o-ided unde& Section C, Rile 13 of these Rules8

Motion to decla&e the p&otestee o& the &espondent in default8

ilato&y 'otion fo& postpone'ents8

otion fo& the inhibition of the p&esidin% 4ud%e, e9cept on clea&ly -alid %&ounds8

Reply o& &e4oinde&8 and

hi&d)pa&ty co'plaint.

to dismiss #e set up in the answer. 6 $ll %&ounds to dis'iss an election p&otest o& petition fo& Auo wa&&anto 'ust be set up o& pleased efenses not &aised a&e dee'ed wai-ed. The cou&t 'ay, at its disc&etion, hold a p&eli'ina&y hea&in% on the %&ounds so pleaded. RULE $

FILING FEES AND CASH DEPOSITS

es. 6 #o p&otest, counte&)p&otest o& petition fo& Auo wa&&anto shall be accepted fo& fillin% without the pay'ent of a fillin% fee in the a'o 3,000.002 fo& e-e&y p&otest, counte&)p&otest o& petition fo& Auo wa&&anto filed.

es and atto&ney>s fees a&e set fo&th in a p&otest o& counte&)p&otest, additional fillin% fees shall be paid in acco&dance with the schedule as a'ended.

posit. 6

n addition to the fees p&esc&ibed in the p&ecedin% section, the p&otestant in an election p&otest &eAui&in% &e-ision o& e9a'ination of bal ication o& &e)tabulation of election &etu&ns, o& which 'ay &eAui&e b&in%in% copies of othe& election docu'ents and pa&aphe&nalia to cou h deposit with the cou&t in the followin% a'ounts7 i. One Thousand Pesos 0P1,000.002 fo& each p&ecinct co-e&ed by the p&otest o& counte&)p&otest, p&o-ided that the deposit shall in than Twenty)fi-e Thousand Pesos 0P21,000.002 to be paid upon the fillin% of the election p&otest o& counte&)p&otest8

ii. Twenty)fi-e Thousand Pesos 0P21,000.002 fo& the cost of b&in%in% to cou&t and of sto&in% and 'aintainin% the P(OS, the conso and othe& auto'ated election pa&aphe&nalia b&ou%ht to cou&t as e-idence o& as necessa&y eAuip'ent in conside&in% the p&otested p&otested ballots8

iii. "f the a'ount to be deposit does not e9ceed One Dund&ed Thousand Pesos 0P100,000.002, the &eAui&ed su' shall be paid in fu days f&o' the fillin% of the p&otest o& counte&)p&otest8 and

i-. "f the &eAui&ed deposit shall e9ceed One Dund&ed Thousand Pesos 0P100,000.002, a cash deposit in the a'ount of One Dund& Pesos 0P100,000.002 shall be 'ade within ten 0102 days f&o' the fillin% of the p&otest o& counte&)p&otest. The balance shall be pai unde& the schedule the cou&t 'ay &eAui&e afte& hea&in% the P&otestant o& counte&)P&otestant on the 'atte&.

cash deposit shall be applied by the cou&t to the pay'ent of the co'pensation of &e-iso&s as p&o-ided unde& Section 3, Rule 10 of the he e9penses incidental to &e-ision, includin% but not li'ited to the cost of supplies and 'iscellaneous e9penses of the &e-ision co''it uction in cou&t and the sto&a%e and 'aintenance of auto'ated election eAuip'ent and pa&aphe&nalia.

n ci&cu'stances so de'and 0such as when the deposit has been o& is about to be depleted2, the cou&t 'ay &eAui&e the pay'ent of a osits. $ny unused cash deposit shall be &etu&ned to the depositin% pa&ty afte& the co'plete te&'ination of the p&otest o& counte&)p&otes

sa'e a'ount of cash deposit shall be &eAui&ed f&o' the p&otestee 0counte&)p&otestant2, should continuation of &e-ision be o&de&ed pu %&aph 2, Section 10, Rule 10 of these Rules. Once &eAui&ed, the p&otestee 0counte&)p&otestant2 shall pay the cash deposit within a no &ee days f&o' &eceipt of the cou&t>s o&de&.

5ailu&e to 'a/e the cash deposits &eAui&ed within the p&esc&ibed ti'e li'it shall &esult in the auto'atic dis'issal of the p&otest o& coun RULE % PRODUCTION AND CUSTODY OF BALLOT BO&ES, ELECTION DOCUMENTS, DATA STORAGE DEVICES AND PCOS MACHINES USED IN THE ELECTIONS 'A(

e of precautionar$ protection order. 6 Bhe&e the alle%ations in a p&otest so wa&&ant, the cou&t shall o&de& 6 si'ultaneously with the iss su&e& and election office& conce&ned to ta/e i''ediate and app&op&iate 'easu&es to safe%ua&d the inte%&ity of all the ballot bo9es and otin% &eco&ds, the boo/s of -ote&s and othe& docu'ents o& pa&aphe&nalia used in the election, as well as the auto'ated election eAuip o&a%e de-ices containin% elect&onic data e-idencin% the conduct and &esults of elections in the contested p&ecincts.

allot #oxes and election documents are #rought #efore the court. 6 Bithin fo&ty)ei%ht 0<E2 hou&s f&o' &eceipt of an answe& with counte otest o& counte&)p&otest so wa&&ant, the cou&t shall o&de& the ballot bo9es with thei& /eys, the P(OS and consolidation 'achines, the e lists of -ote&s and -otin% &eco&ds, the boo/s of -ote&s, and othe& docu'ents o& pa&aphe&nalia in-ol-ed in the p&otest o& counte&)p&ote

y the pa&ties of the date and ti'e of &et&ie-al and t&ansfe& f&o' thei& &especti-e custodians of the ballot bo9es, the P(OS and consolid t&onics data sto&a%e de-ices and all othe& auto'ated election docu'ents and pa&aphe&nalia. The pa&ties 'ay send &ep&esentati-es to &. The absence, howe-e&, of a &ep&esentati-e of a pa&ty shall not be &eason to postpone o& delay the &et&ie-al o& t&ansfe& of the abo-e and election docu'ents.

&etion, 'ay see/ the assistance of the Philippine #ational Police 0P#P2 o& the $&'ed 5o&ces of the Philippines in ensu&in% the safe d on eAuip'ent, de-ices and docu'ents to its custody.

allot bo9es, ballots, P(OS 'achines, data sto&a%e de-ices, election &etu&ns, election docu'ents o& pa&aphe&nalia 'entioned abo-e a fo&e othe& fo& a 0such as the P&esidential Electo&al T&ibunal, the Senate Electo&al T&ibunal, the Douse of Rep&esentati-es Electo&al T&i ctions2 with p&efe&ential &i%hts of custody and &e-ision in si'ultaneous p&otests unde& (OME E( Resolution #o. 2E12 dated 1C Octob h and 'a/e the app&op&iate &eAuest with the hi%he& t&ibunals fo& the te'po&a&y p&io& custody of ballot bo9es, P(OS 'achines, elect&o lection docu'ents and pa&aphe&nalia, o& fo& the synch&oni=ation of &e-ision acti-ities.

ssa&y and incidental to the p&oduction in cou&t of the ballot bo9es and election docu'ents and the p&oduction, sto&a%e and 'aintenan a%e de-ices, and auto'ated election pa&aphe&nalia and docu'ents shall be shoulde&ed and p&o'ptly paid by the p&otestant and coun ecincts co-e&ed by thei& p&otects o& counte&)p&otests. The e9penses necessa&y and incidental to the &etu&n of the 'ate&ials and docu' l custodians o& to the p&ope& t&ibunal afte& the te&'ination of the case shall li/ewise be sha&ed p&opo&tionately by the p&otestant and th ecincts they &especti-ely contest.

o electronic data in the C'!E(EC #ac2%up server. 6 !pon 'otion duly 'ade based on de'onst&ated need, the cou&t 'ay o&de& the pa&ty access to, o& to &eco-e& and use, elect&onic data f&o' the (OME E( bac/)up se&-e& unde& conditions and safe%ua&ds &eAui&ed RULE ) PRELIMINARY CONFERENCE

ar$ conference& mandator$. 6 Bithin th&ee 032 days afte& the fillin% of the last &esponsi-e pleadin% allowed by these Rules, o& on the e esponsi-e pleadin% ha-in% been filed, the cou&t shall conduct a 'andato&y p&eli'ina&y confe&ence a'on% the pa&ties to conside&7

The si'plification of issue8

The necessa&y o& desi&ability of a'end'ents to the pleadin%s8

he possibility of obtainin% stipulations o& ad'ission of facts and of docu'ents to a-oid unnecessa&y p&oof8

The li'itation of the nu'be& of witnesses8

The natu&e of the testi'onies of the witnesses and whethe& they &elate to e-idence that do not in-ol-e the ballots, o& othe&wise8

he withd&awal of ce&tain p&otested o& counte&)p&otested p&ecincts, especially those whe&e the ballot bo9es o& ballots a&e una-ailable o not be located, ha-e been dest&oyed due to natu&al disaste&s o& cala'ities, o& whe&e the P(OS and othe& elect&onic data a&e 'issin%8

The nu'be& of &e-ision co''ittees to be constituted8

The p&ocedu&e to be followed in case the election p&otest o& counte&)p&otest see/s, wholly o& pa&tially, the e9a'ination of ballots, o& the

lation of election &etu&ns8

he p&ocedu&e in handlin% the P(OS and the othe& elect&onic 'achines and data8 and

the& 'atte&s that 'ay cont&ibute to p&o'pt disposition of the case.

hrough counsel. 6 The notice of p&eli'ina&y confe&ence shall be se&-ed on counsel o& on counsel on the pa&ty hi'self o& he&self who is ounsel is to notice to the pa&ty, as counsel is cha&%ed with the duty to notify the pa&ty &ep&esented.

nces of parties. ) The pa&ties ha-e the duty to appea& the pe&son befo&e the cou&t at the p&eli'ina&y confe&ence. (ounsels appea&in% y autho&i=ed to appea& fo& and to bind thei& clients on the 'atte&s co-e&ed by the p&eli'ina&y confe&ence.

ar$ conference #rief. 6 The pa&ties shall file with the cou&t thei& &especti-e p&eli'ina&y confe&ence b&iefs and se&-e these on the ad-e& nsu&e the othe& pa&ty>s &eceipt of the b&ief at least one day befo&e the date of the p&eli'ina&y confe&ence. The b&iefs shall contain the f

$ su''a&y of ad'itted facts and p&oposed stipulations8

The issues is to be t&ied and &esol-ed 0i.e.3 fo& election p&otests, the alle%ed f&auds o& i&&e%ula&ities co''itted in the conduct of the ele anto p&oceedin%s, the %&ound fo& ineli%ibility o& acts of disloyalty28

he docu'ents o& e9hibits to be p&esented8

$ 'anifestation indicatin% the use of the intent to use disco-e&y p&ocedu&es o& &efe&&al to co''issione&s8

The nu'be& and na'es of witnesses, thei& add&esses, and the substance of thei& &especti-e testi'onies. The testi'onies of witnesse a-its, in Auestion and answe& fo&', which shall se&-e as thei& di&ect testi'onies, sub4ect to o&al c&oss)e9a'ination8 'anifestation of withd&awal of ce&tain p&otested o& counte& p&otested p&ecincts, if this is the case8

The p&oposed nu'be& of &e-ision co''ittees and the na'es of p&oposes &e-iso&s and alte&nated &e-iso&s8 and

The p&ocedu&e to be followed in case the election p&otest o& counte& p&otest see/s the &e-ision o& e9a'ination of ballots, o& the -e&ifica ection &etu&ns.

o file #rief. % The failu&e to file the &eAui&ed b&ief o& to p&o-ide the b&ief>s 'andato&y contests shall ha-e the sa'e effect as the failu&e to nce.

failure to appear. 4 The failu&e of the p&otestant;petitione& o& the duly autho&i=ed counsel to appea& at the p&eli'ina&y confe&ence auth dis'iss the p&otest, o& counte&)p&otest o& petition. The failu&e of the p&otestee;&espondent o& of the duly autho&i=ed counsel to appea& wise ha-e the effect p&o-ided unde& Section <0c2, Rule < of these Rules, i.e.3 the cou&t 'ay allow the p&otestant;petitione& to p&esent d%'ent based on the e-idence p&esented.

r$ conference order. 6 The cou&t shall issue an o&de& su''a&i=in% the 'atte&s ta/en up and the stipulations o& a%&ee'ents &eached &ee 032 days followin% the te&'ination of the p&eli'ina&y confe&ence. The cou&t shall co''ence, the sta&tin% date of which shall be wi of the p&eli'ina&y confe&ence. RULE 10 REVISION OF BALLOTS

evision. 4 The &e-ision of ballots shall co''ence on the date specified in the p&eli'ina&y confe&ence o&de&.

committee& under the supervision of the court. 4 $s 'any &e-ision co''ittees as 'ay be necessa&y shall be constituted. Each &e-is hai&pe&son and two 'e'be&s, one of who' is desi%nated by the p&otestant and the othe& by the p&otestee. The cou&t shall desi%nate a'on% its pe&sonnel. The pa&ties shall also desi%nate thei& &especti-e substitute &e-iso&s.

tee shall conduct the &e-ision in the cou&t p&e'ises o& at such othe& place in the cou&t 'ay desi%nate, in e-e&y case unde& its st&ict su

scha&%e thei& duties with the hi%hest de%&ee of inte%&ity, conductin% the p&oceedin%s with the sa'e di%nity and discipline the cou&t its shall e9e&cise e9t&ao&dina&y dili%ence and ta/e the p&ecautiona&y 'easu&es &eAui&es by this le-el of dili%ence to p&e-ent loss, disappea te%&ity of the ballots and the election docu'ents, whethe& elect&onic o& p&inted, and the 'isuse of the elect&onic election 'achines, de

sation of the revisors. % The cou&t shall fi9 the co'pensation of the &e-iso&s at Ei%ht Dund&ed Pesos 0PE00.002 pe& ballot bo9 fo& the c os 0P300.002 pe& ballot bo9 fo& each pa&ty &e-iso&. The pa&ty &e-iso&s shall each be entitled to an additional per diem of 5i-e Dund&ed nsation fo& a &eco&de& shall be Th&ee Dund&ed Pesos 0P300.002 pe& ballot bo9. This co'pensation shall be cha&%eable a%ainst the ca Section2, Rule C of these Rules.

ous revisions. 6

"eriod for revision. 6 Re-ision shall be conducted f&o' E730 a.'. to 12700 noon and f&o' 1730 p.'. to <730 p.'. f&o' Monday to 5&ida /in% holidays. The &e-iso&s 'ay ta/e fifteen)'inute b&ea/s du&in% the &e-ision.

Revision to continue even if a part$ revisor is a#sent or late. 6 The &e-ision shall bot be delayed o& postponed by &eason of the absenc y>s &e-iso& o& substitute &e-iso&, as lon% as the chai&pe&son and one pa&ty &e-iso& a&e p&esent. The cou&t 'ay at any ti'e desi%nate an e%ula& chai&pe&son fails fo& any &eason to &epo&t.

the revisor of the protestee is a#sent or late. ) "f the &e-iso& of the p&otestee is absent o& late fo& thi&ty 'inutes and no alte&nate appe e-ision shall ne-e&theless co''ence. The p&otestee shall be dee'ed to ha-e wai-ed the &i%ht to appea& and to ob4ect to the &e-ision n% his o& he& &e-iso&>s absence o& ta&diness.

the revisor of the protestant or the revisors of #oth parties fail to appear. 6 "f the p&otestant>s &e-iso& o& the &e-iso&s of both pa&ties o& ppea& without 4ustifiable &eason within one hou& afte& the scheduled sta&t of the &e-ision, the ballot bo9es scheduled fo& &e-ision that da espondin% ballot bo9 /eys in the possession of the chai&pe&son, shall be &etu&ned to the cou&t>s ballot bo9 custodian, and the ballots s sed, the pa&ties a&e dee'ed to ha-e wai-ed thei& &i%ht to the &e-ision fo& that day, and the chai&pe&son shall state the facts of absence sion &epo&t.

d access. 4 +u&in% the &e-ision, no pe&son othe& than the 4ud%e, the cle&/ of the cou&t, the chai&pe&son and the 'e'be&s of the &e-isi y autho&i=ed &ep&esentati-es shall ha-e the access to the &e-ision a&ea.

of revision. 4 The &e-ision of the -otes on the ballots shall be done 'anually and -isually and th&ou%h the use of app&op&iate P(OS ' cedu&e below7

On the scheduled day of &e-ision, the followin%, if needed, should be in the custody of the cou&t7 0i2the ballot bo9es containin% the ballots in p&otested and counte& p&otested p&ecincts8 and

0ii2 the data sto&a%e de-ices and the P(OS 'achines used in the p&ecincts conce&ned o& any othe& de-ice that can be used to aut the %enuineness of the ballots8

The &e-ision co''ittee shall initially note, befo&e anythin% else, the condition of the ballot bo9 and its loc/s and loc/in% 'echanis', an dition in the &e-ision &epo&t. :ased on this obse&-ation, the &e-ision co''ittee 'ust also dete&'ine whethe& the inte%&ity of the ballot b e&-ed.

he ballot bo9 shall then be opened and the ballots ta/en out. The ,-alid, ballots shall fi&st be counted, without &e%a&d to the -otes obta es. This will be followed by the countin% of the to&n, unused st&ay and &e4ected ballots, as classified at the pollin% place.

The -otes appea&in% in the election &etu&ns copy fo& the ballot bo9 shall then be &eco&ded in the 'inutes.

P&io& to the actual &e-ision, the &e-ision co''ittee 'ust authenticate each and e-e&y ballot to 'a/e su&e that it was the sa'e ballots c OS 'achine du&in% the -otin%. The authentication shall be th&ou%h the use of P(OS 'achines actually used du&in% the elections in the y anothe& de-ice ce&tified by the (o''ission to be capable of pe&fo&'in% the desi&ed authentication &eAui&e'ent th&ou%h the use of th ult&a)-iolet &ay code detection 'echanis'.

he &ecount shall only p&oceed afte& the &e-ision co''ittee, th&ou%h its chai&pe&son and 'e'be&s, has dete&'ined that the inte%&ity of n p&ese&-ed.

The &e-ision co''ittee shall the&eafte& p&oceed to loo/ at the ballots and count the indicated -otes fo& the contested position.

n loo/in% at the shades o& 'a&/s used to &e%iste& -otes, the &e-ision co''ittee shall bea& in 'ind that the will of the -ote&s &eflected a ots shall as 'uch as possible be %i-en effect, settin% technicalities aside. 5u&the&'o&e, the -otes a&e p&esu'ed to ha-e been 'ade by o conside&ed unless &easons e9ist to 4ustify thei& &e4ection. Dowe-e&, 'a&/s o& shades that a&e less than 10F of the o-al shall not be s. $ny issue as to whethe& a ce&tain 'a&/ o& shade is within the th&eshold shall be dete&'ined by usin% the P(OS 'achine, not by hu

he &ules on the app&eciation of the ballots unde& Section211 of the O'nibus Election (ode shall apply suppleto&ily when app&op&iate.

he&e shall be a tally sheet in at least 1 copies, plus additional copies dependin% on the nu'be& of additional pa&ties, that shall be used hey a&e counted th&ou%h the use of ta&as and stic/s.

$fte& all the ballots f&o' one ballot bo9 ha-e been counted, the &e-ision co''ittee shall secu&e the contested ballots and co'plete the p&ecinct. The&eafte&, it shall p&oceed to &ecount the -otes f&o' the ballots of the ne9t p&ecinct. case of 'ultiple &e-ision co''ittees, the &ecount shall be done si'ultaneously.

n the e-ent that the &e-ision co''ittee dete&'ines that the inte%&ity of the ballots and the ballot bo9 ha-e not been p&ese&-ed, as wh pe&in% o& substitution e9ists, it shall p&oceed to inst&uct the p&intin% of the pictu&e i'a%e of the ballots sto&ed in the data sto&a%e de-ice cou&t shall p&o-ide a non)pa&tisan technical pe&son who shall conduct the necessa&y authentication p&ocess to ensu&e that the data o uine and not a substitute. Only afte& this dete&'ination can the p&inted pictu&e i'a%e be used fo& the &ecount,

ion and su#mission of revision report. 6 The co''ittee shall p&epa&e and sub'it to the cou&t a &e-ision &epo&t per p&ecinct statin% the

he p&ecinct nu'be&8

he date, the place and the ti'e of &e-ision8

he -otes of the pa&ties pe& physical count8

he condition and the se&ial nu'be&s of the followin%7. 0i2 ballot bo9es8 0ii2 self)loc/in% secu&ity 'etal o& plastic seals 0inne& and oute&2 and padloc/s of the ballot bo9es8 0iii2 secu&ity en-elopes containin% the election &etu&ns8 and 0i-2 nu'be&ed pape& seal of the en-elopes8

&eAui&ed, the a-ailability of and othe& ci&cu'stances attendant to the P(OS 'achines and othe& auto'ated election de-ices and pa& e-ision8

e -otes of the pa&ties per the ballot bo9 copy of the election &etu&ns and per the tally sheet;boa&d found inside the ballot bo98

he nu'be& of ballots ob4ected to by the pa&ties indicatin% the&ein the e9hibit nu'be&s8

he %&ounds of ob4ections8

e nu'be& of st&ay ballots8

e clai's on ballots with thei& e9hibit nu'be&s8 and

he ent&ies in the Minutes of *otin% and (ountin%, pa&ticula&ly7 0i2 the nu'be& of &e%iste&ed -ote&s8 0ii2 the nu'be& of -ote&s who actually -oted8

0iii2 the nu'be& of official ballots, to%ethe& with thei& se&ial nu'be&s, used in the election8 0i-2 the nu'be& if ballots actually used indicatin% the se&ial nu'be&s of the ballots8 and 0-2 the unused ballots to%ethe& with thei& se&ial nu'be&s.

&e-ision fo&'s shall be 'ade a-ailable p&io& to the &e-ision. The pe&)p&ecinct &e-ision &epo&t shall be si%ned and ce&tified by the chai&p es> &e-iso&s, and shall fo&' pa&t of the &eco&ds of the case.

ddition to the pe&)p&ecinct &e-ision &epo&t, the &e-ision co''ittee shall also p&epa&e and sub'it to the cou&t, within th&ee days f&o' te& sion, a co''ittee &epo&t su''a&i=in% the data, -otes, ballot ob4ections and clai's, and si%nificant obse&-ations 'ade du&in% the &e-is p&otested p&ecincts and late& f&o' the counte&)p&otested p&ecincts, if so conducted based on the p&o-isions of Section 10 below. Each a copy of the co''ittee &epo&t 'ay sub'it its co''ents the&eon within a non)e9tendible pe&iod of th&ee 032 days f&o' notice.

revision. 6 Re-ision of ballots shall sta&t with those f&o' the p&otested p&ecincts , sub4ect to the p&o-isions of Section 10 the&eof.

s to securit$ mar2ings and vital information relative to #allots and election documents. 6 Bhen a &e-ision of ballots is o&de&ed, and fo u&t shall inAui&e about the secu&ity 'a&/in%s on the ballots and the secu&ity 'easu&es used in the election docu'ents f&o' the (hai&pe d to indicate this 'a&/in%s, 'easu&es and othe& -ital info&'ation that 'ay aid the cou&t in dete&'inin% the authenticity of the ballots an ties shall be notified of the &esults of this inAui&y.

vision determination of the merit or legitimac$ of the protest prior to revision of the counter%protest. 6 "''ediately afte& the &e-ision o& ation o& &e)tabulation of election &etu&ns in all p&otested p&ecincts, the p&otestant shall be &eAui&ed to point to a nu'be& of p&ecincts, c F2 of the total of the &e-ised p&otested p&ecincts, that will best attest to the -otes &eco-e&ed, o&e that will best e9e'plify the f&aud o& i&&e 'eanwhile, the &e-ision o& e9a'ination of the ballots, o& the -e&ification o& &e)tabulation of election &etu&ns in the counte&)p&otested p iod not e9ceedin% fifteen days to allow the cou&t to p&eli'ina&ily dete&'ine, th&ou%h the app&eciation of ballots and othe& sub'itted ele

cy of the p&otest based in the chosen twenty pe&cent 020F2 of the p&otested p&ecincts.

s of this post)&e-ision p&eli'ina&y dete&'ination, the cou&t 'ay dis'iss the p&otest without fu&the& p&oceedin%s if the -alidity of the %&o the e-idence f&o' the chosen twenty pe&cent 020F2 of the p&otested p&ecincts8 o& p&oceed with the &e-ision o& e9a'ination if the ball ulation of election &etu&ns in the counte&)p&otested p&ecincts. "n the latte& case, the p&otestee shall be &eAui&ed to pay the cash deposi th&ee 032 days f&o' notice.

uation of the appreciation of #allots. ) "f the cou&t decides not to dis'iss the p&otest afte& the p&eli'ina&y e9a'ination of the e-idence f F2 of the p&otested p&ecincts, &e-ision with &espect to the &e'ainin% p&ecincts shall p&oceed at the sa'e ti'e that the ballots o& electio d p&ecincts a&e bein% &e-ised. $fte& co'pletion of the &e-ision of the p&otested p&ecincts, the cou&t shall p&oceed with the app&eciation nte&)p&otested p&ecincts. RULE 11 TECHNICAL E&AMINATION

or technical examination& contents. 4 E9cept when the p&otest o& counte&)p&otest in-ol-es alle%ation of 'assi-e substitute -otin%, a pa nation of the p&esented e-idence within fi-e 012 days afte& co'pletion of the &e-ision in the p&otest o& counte&)p&otest, specifyin%7

The natu&e of the technical e9a'ination &eAuested 0e.%., fin%e&p&int e9a'ination, etc.28

The docu'ents o& 'achines;eAuip'ent to be sub4ected to technical e9a'ination8

he ob4ections 'ade in the cou&se of the &e-ision of ballots which the 'o-ant intends to substantiate with the &esults of the technical e

The ballots co-e&ed by these ob4ections.

al examination& time limits. 4 The cou&t 'ay %&ant the 'otion fo& technical e9a'ination at its disc&etion and unde& the conditions it 'ay he technical e9a'ination shall sta&t within fi-e 012 days f&o' notice to both pa&ties, and shall be co'pleted within the pe&iod specified wenty successi-e wo&/in% days, unless the cou&t %&ants an e9tension based on e9ceptionally 'e&ito&ious %&ound. $ pa&ty 'ay attend t pe&sonally o& th&ou%h a &ep&esentati-e. Dowe-e& the technical e9a'ination shall p&oceed with o& without the attendance of a pa&ty, p&o en.

chnical e9a'ination shall be fo& the account of the pa&ty &eAuestin% the e9a'ination. The technical e9a'ination shall be unde& the su

who shall provide. 4 E9pe&ts necessa&y fo& the conduct of technical e9a'ination shall be p&o-ided by the pa&ty &eAuestin% the sa'e a of "n-esti%ation, the P#P (&i'e abo&ato&y, the (o''ission on Elections, the +epa&t'ent of Science and Technolo%y, o& e9pe&ts f&o &ty 'ay secu&e the se&-ices of his o& he& own e9pe&t who 'ay only obse&-e, not inte&fe&e with, the e9a'ination conducted by the 'oRULE 12 PHOTOCOPYING OF BALLOTS

p$ing simultaneous with revision. 6 On the 'otion of a pa&ty, the cou&t 'ay allow the photocopyin% of ballots and election docu'ents e cou&t 'ay i'pose. The photocopyin%, if allowed, 'ust sta&t at the co''ence'ent of &e-ision and, as fa& as p&acticable, 'ust be co the te&'ination of &e-ision.

onducted& parties to provide own photocop$ing units. 6 Photocopyin% shall be done within the p&e'ises of the cou&t, nea& the &e-ision on of the cle&/ of cou&t. The &eAuestin% pa&ty shall p&o-ide an efficient photocopyin% unit and shall bea& all attendant e9penses.

or reproduction of electronic data. 6 On the 'otion of a pa&ty, the cou&t 'ay allow the &ep&oduction of elect&onic data that a&e sub'itt

ustody and cont&ol of the (OME E( unde& the conditions and safe%ua&ds the (OME E( shall &eAui&e. The costs and e9penses shal the &ep&oduction. RULE 1 PRESENTATION OF EVIDENCE

ation and reception of evidence& order of hearing. 6 "f at the p&eli'ina&y confe&ence the pa&ties ha-e a%&eed on issues that do not in-o ballots o& othe& election docu'ents 0e.%., -ote)buyin%, f&aud, te&&o&is' o& -iolence2, the &eception of e-idence on the issues, includin% done si'ultaneously with the &e-ision of ballots that 'ay be &eAui&ed.

dence on all othe& 'atte&s o& issues incidental to o& in-ol-in% the ballots and &elated election docu'ents shall be 'ade upon co'plet election docu'ents8 o& 0b2 the technical e9a'ination, if allowed by the cou&t unde& the p&o-isions of Rule 11 of these Rules.

ce shall be 'ade in acco&dance with the followin% o&de& of hea&in%7

The p&otestant o& petitione& shall p&esent e-idence in suppo&t of the p&otest o& petition8

The p&otestee o& &espondent shall then adduce e-idence in suppo&t of the defense, counte&clai' o& counte&)p&otest, if any8

he pa&ties 'ay then &especti-ely offe& &ebuttal e-idence only, unless the cou&t fo& %ood &easons and in the fu&the&ance of 4ustice, pe&' ence on thei& o&i%inal case8 and

#o su&)&ebuttal e-idence shall be allowed.

al e-idence, the pa&ty shall &eAui&e the p&oposed witness to e9ecute an affida-it which shall be conside&ed as the witness> di&ect testi' pa&ty to ob4ect to its inad'issible po&tions and to o&ally c&oss)e9a'ine the witness. The affida-it shall be based on pe&sonal /nowled% d'issible in e-idence, and shall show affi&'ati-ely that the affiant is co'petent to testify on the stated 'atte&s. The affida-it shall be i hall be sub'itted to the cou&t and se&-ed on the ad-e&se pa&ty at least th&ee 032 days befo&e the hea&in%.

e affida-it of witness within the specified ti'e shall constitute a wai-e& of the pa&ty>s &i%ht to p&esent testi'onial e-idence.

e9a'ination)of witness &ule 6 i.e., that a witness has to be fully c&oss)e9a'ined on one day 6 shall st&ictly be followed, sub4ect to the a'ination fo& 4ustifiable &easons.

, as well as the ballots ob4ected to o& clai'ed by the pa&ties and the sub'itted elect&onic e-idence, shall auto'atically fo&' pa&t of co the othe& pa&ties as thei& e-idence.

evidence. 6 The cou&t shall not conside& any e-idence that has not been fo&'ally offe&ed. Offe& of e-idence shall be done o&ally on the each pa&ty afte& the p&esentation of the pa&ty>s last witness. The opposin% pa&ty shall be &eAui&ed to i''ediately inte&pose ob4ections he offe& of e-idence in open cou&t. Dowe-e&, the cou&t 'ay, at its disc&etion, allow the pa&ty to 'a/e an offe& of e-idence in w&itin%, wh ee days f&o' notice of the cou&t>s o&de&. "f the cou&t &e4ects any e-idence offe&ed, the pa&ty 'ay 'a/e a tende& of the e9cluded e-iden

n of evidence continuous. 6 Reception of e-idence, once co''enced, shall continue f&o' day to day, as fa& as p&acticable, until fully u&t>s o&de&. "n no case shall the enti&e pe&iod fo& &eception of e-idence e9ceed ten successi-e days fo& each pa&ty, f&o' the fi&st day & ess othe&wise autho&i=ed by the Sup&e'e (ou&t.

ments and postponements. 6 #o 'otion fo& postpone'ent shall be allowed, e9cept fo& clea&ly 'e&ito&ious &easons. "n no case shall th te&-al e9ceedin% th&ee calenda& days, no& shall the postpone'ents of hea&in% %&anted to each pa&ty e9ceed th&ee 032. The filin% of dila

tute di&ect conte'pt of cou&t and shall be punished acco&din%ly.

of proof. 6 :u&den of p&oof is the duty of a pa&ty to p&esent e-idence of the facts in issue to establish his o& he& clai' o& defense.

le presumptions. 6 The followin% p&esu'ptions a&e conside&ed as established facts, unless cont&adicted and o-e&co'e by othe& e-id

On the election p&ocedu&e7 0i2 The election of candidates was held on the date and at the ti'e set and in the pollin% place dete&'ined by the (o''ission on 0ii2 The :oa&ds of Election "nspecto&s we&e duly constituted and o&%ani=ed8 0iii2 Political pa&ties and candidates we&e duly &ep&esented by pollwatche&s8 0i-2 Pollwatche&s we&e able to pe&fo&' thei& functions8 0-2 The Minutes of *otin% and (ountin% contains all the incidents that t&anspi&ed befo&e the :oa&d of Election "nspecto&s8 and

0-i2 The $udit o% contains the list of all acti-ities pe&fo&'ed by the P(OS 'achines f&o' the ti'e it was powe&ed on until it was t

On election pa&aphe&nalia7

0i2 :allots and election &etu&ns that bea& the secu&ity 'a&/in%s and featu&es p&esc&ibed by the (o''ission on Elections a&e %enuin 0ii2 The data and info&'ation supplied by the 'e'be&s of the :oa&ds of Election "nspecto&s in the accountable fo&'s a&e t&ue and 0iii2 The allocation, pac/in% and dist&ibution of election docu'ents o& pa&aphe&nalia we&e p&ope&ly and ti'ely done8

0i-2 The P(OS and consolidation 'achines and the data sto&a%e de-ices a&e all in o&de&, and the data %ene&ated &eflect the acti-i these elect&onic 'achines and de-ices.

On app&eciation of ballots7 0i2 $ ballot with app&op&iate secu&ity 'a&/in%s is -alid8 0ii2 The ballot &eflects the intent of the -ote&8 0iii2 The ballot was p&ope&ly acco'plished8 0i-2 $ -ote& pe&sonally p&epa&ed one ballot, e9cept in the case of assisto&s8 and 0-2 The e9e&cise of one>s &i%ht to -ote was -olunta&y and f&ee.

ion of memoranda. 6 The cou&t 'ay allow the pa&ties to sub'it thei& &especti-e 'e'o&anda within a non)e9tendible pe&iod of ten 0102 cou&t on the last offe& of e9hibits8 o&, if the offe& was 'ade in w&itin%, within ten 0102 days f&o' &eceipt of the w&itten &ulin% of the cou&t. 'o&andu' shall be allowed. RULE 14

DECISION

n of decision. 6 The cou&t shall decide the election contest within thi&ty 0302 days f&o' the date the case is sub'itted fo& decision, in n ilin%, unless the Sup&e'e (ou&t autho&i=es an e9tension in w&itin%. 5ailu&e to co'ply with this ti'eline shall be conside&ed a se&ious o na&y action a%ainst the 4ud%e. "n addition, si9 0?2 'onths afte& the sub'ission of the case fo& decision, the 4ud%e shall be &elie-ed of a decide the election case.

s dee'ed sub'itted fo& decision afte& co'pletion of the &eception of e-idence o&, if the pa&ties we&e allowed to sub'it 'e'o&anda, u the e9pi&ation of the pe&iod fo& thei& filin%, whiche-e& is ea&lie&. "n an election p&otest, the winne& shall be the candidate who obtained

decision in election p&otests. 6 $fte& the te&'ination of the &e-ision of ballots and befo&e &ende&in% its decision in an election p&otest th hall e9a'ine and app&eciate the o&i%inal ballots. The cou&t, in its app&eciation of the ballots and in &ulin% on the pa&ties> clai's and ob % &ules7

'n mar2ed #allots 6 The cou&t 'ust specify and point to the 'a&/in% clea&ly indicatin% the -ote&>s intent to identify the ballot.

'n fa2e or spurious #allots3 election document3 machine3 device or paraphernalia 6 The cou&t 'ust specify the (OME E( secu&ity 'a a&e not found in the ballot, election docu'ents, 'achine, de-ice o& pa&aphe&nalia conside&ed fa/e o& spu&ious, o& the ope&ation o& asp hine, de-ice o& pa&aphe&nalia that &esulted in fa/e o& spu&ious &esults8

'n stra$ #allots 6 The cou&t 'ust specify and state in detail why the ballots a&e conside&ed st&ay8

'n claimed #allots 6 The cou&t 'ust specify the e9act basis fo& ad'ittin% clai'ed -otes o& c&editin% these to eithe& pa&ty.

udgments. 6 "n a p&otest o& petition a%ainst se-e&al p&otestees o& &espondents, the cou&t 'ay, when a se-e&al 4ud%'ent is p&ope&, &en of the', lea-in% the p&otest o& petition to p&oceed a%ainst the othe&s.

ation of decision. 6 The decision si%ned by the p&esidin% 4ud%e shall be p&o'ul%ated by &eadin% its dispositi-e po&tion in open cou&t on and filin% the decision with the cle&/ of cou&t8 o& by the deli-e&y of a copy of the si%ned decision to the cle&/ of cou&t, who shall fo&thw se t&ue copies the&eof to be se&-ed, pe&sonally o& by &e%iste&ed 'ail, on the counsels o& on the pa&ties if they a&e not &ep&esented by c

of decision. 6 The cou&t>s p&o'ul%ated decision shall beco'e final and e9ecuto&y fi-e 012 days afte& &eceipt of notice by the pa&ties if n

udgment. 6 "f no appeal is filed within the ti'e p&o-ided in these Rules, the 4ud%'ent shall be ente&ed by the cle&/ in the boo/ of ent& of the 4ud%'ent shall be the date of its ent&y. The &eco&d shall contain the dispositi-e pa&t of the 4ud%'ent and shall be si%ned by the c d%'ent has beco'e final and e9ecuto&y.

final decision. 6 $s soon as the decision beco'es final, the cle&/ of cou&t shall send notices to the (OME E(, the +epa&t'ent of the e (o''ission on $udit.

6 $n a%%&ie-ed pa&ty 'ay appeal the decision to the (OME E( within fi-e 012 days afte& p&o'ul%ation, by filin% a notice of appeal wit on, with copy se&-ed on the ad-e&se counsel o& on the ad-e&se pa&ty who is not &ep&esented by counsel.

ee. 6 The appellant in an election contest shall pay to the cou&t that &ende&ed the decision an appeal fee of One Thousand Pesos 0P1 the filin% of the notice of appeal.

ate transmittal of records of the case. 6 The cle&/ of cou&t shall, within fifteen 0112 days f&o' the filin% of the notice of appeal, t&ans'it on +epa&t'ent, (OME E(, the co'plete &eco&ds of the case, to%ethe& with all the e-idence, includin% the o&i%inal and th&ee copies o

of the p&oceedin%s.

on pending appeal. 6 On 'otion of the p&e-ailin% pa&ty with notice to the ad-e&se pa&ty, the cou&t, at its disc&etion and while still in po y o&de& the e9ecution of its decision befo&e the e9pi&ation of the pe&iod to appeal, sub4ect to the followin% &ules7

E9ecution pendin% appeal shall not issue e9cept upon 'otion and hea&in% with p&io& notice of the 'otion of at least th&ee 032 days to th 'otion fo& e9ecution pendin% appeal 'ust be suppo&ted by %ood &easons cited and stated by the cou&t in a special o&de&. These &eas

0i2 constitute supe&io& ci&cu'stances de'andin% u&%ency that would outwei%h the in4u&y o& da'a%e, should the losin% pa&ty secu&e 4ud%'ent on appeal8 and

0ii2 'anifest, in the decision sou%ht to be e9ecuted, that the defeat of the p&otestee o& the -icto&y of the p&otestant has been clea&ly

the cou&t %&ants an e9ecution pendin% appeal, an a%%&ie-ed pa&ty shall ha-e twenty wo&/in% days f&o' notice of the special o&de& wi st&ainin% o&de& o& status Auo o&de& f&o' the Sup&e'e (ou&t o& the (OME E(. The co&&espondin% w&it of e9ecution shall issue afte& tw ainin% o&de& o& status Auo o&de& is issued. +u&in% the twenty 0202)day pe&iod, the issuance of a w&it of e9ecution pendin% appeal shall

ction of the Commission on Elections in certiorari cases. 6 The (OME E( has the autho&ity to issue the e9t&ao&dina&y w&its of ce&tio&a aid of its appellate 4u&isdiction o-e& decisions of the cou&ts in election cases in-ol-in% electi-e 'unicipal officials.

ntial disposition of election contests. 6 The cou&ts shall %i-e p&efe&ence to election contests o-e& all othe& cases, e9cept petitions fo& h a&o and habeas data. RULE 1" COSTS, DAMAGES AND ATTORNEY*S FEES

hen allowed. 6 (osts shall be allowed to the p&e-ailin% pa&ty as a 'atte& of cou&se. The cou&t shall ha-e the powe&, fo& special &eason uitable. The cou&t 'ay &ende& 4ud%'ent fo& costs if a p&otest, a counte&)p&otest o& a petition fo& Auo wa&&anto is dis'issed. Bhen a p& fo& Auo wa&&anto is found to be f&i-olous, double o& t&eble costs 'ay be i'posed on the p&otestant, the counte&)p&otestant o& the petiti

s and attorne$5s fees. 6 "n all election contests, the cou&t 'ay ad4udicate da'a%es and atto&ney>s fees as it 'ay dee' 4ust and as es &ie-ed pa&ty has included these clai's in the pleadin%s. RULE 1# ELECTRONIC EVIDENCE

of an electronic document or data. 6 $n elect&onic docu'ent o& data shall be &e%a&ded as the eAui-alent of an o&i%inal docu'ent unde s a p&intout o& an output &eadable by si%ht o& othe& 'eans and shown to &eflect the data accu&ately.

as e*uivalent of the originals. 6 Bhen a docu'ent is in two o& 'o&e copies e9ecuted at o& about the sa'e ti'e with identical contents 'e i'p&ession as the o&i%inal, o& f&o' the sa'e 'at&i9, o& by 'echanical o& elect&onic &e)&eco&din%, o& by che'ical &ep&oduction, o& by u&ately &ep&oduce the o&i%inal, such copies o& duplicates shall be &e%a&ded as the eAui-alent of the o&i%inal. fo&e%oin%, copies o& duplicates shall not be ad'issible to the sa'e e9tent as the o&i%inal if7

%enuine Auestion is &aised as to the authenticity of the o&i%inal8 o&

nde& the ci&cu'stances, it would be un4ust o& ineAuitable to ad'it the copy in lieu of the o&i%inal.

as evidence. 6 $ll 'atte&s &elatin% to the ad'issibility and e-identia&y wei%ht of an elect&onic docu'ent 'ay be established by an affi nowled%e of the affiant o& based on authentic &eco&ds. The affida-it 'ust affi&'ati-ely show the co'petence of the affiant to testify on he affiant shall be 'ade to affi&' the contents of the affida-it in open session and 'ay be c&oss)e9a'ined as a 'atte& of &i%ht by the RULE 1$ AUTHENTICATION OF ELECTRONIC DOCUMENTS AND DATA

of proving authenticit$. 6 The pe&son see/in% to int&oduce an elect&onic docu'ent in an election p&otest has the bu&den of p&o-in% its a this Rule.

of authentication. 6 :efo&e any elect&onic docu'ent o& data offe&ed as authentic is &ecei-ed in e-idence, its authenticity 'ust be p&o-e

y e-idence that it has been di%itally si%ned by the pe&son pu&po&ted to ha-e si%ned it. ,+i%itally si%ned, &efe&s to an elect&onic docu'e 'essa%e bea&in% a di%ital si%natu&e -e&ified by the public /ey listed in a ce&tificate.

y e-idence that othe& app&op&iate secu&ity p&ocedu&es o& de-ices fo& authentication of elect&onic docu'ents autho&i=ed by the Sup&e' he authentication of elect&onic docu'ents we&e applied to the docu'ent8 o&

y othe& e-idence showin% its inte%&ity and &eliability to the satisfaction of the 4ud%e.

es on Electronic Evidence. 6 The Rules on Elect&onic E-idence shall apply to e-identia&y aspects of pleadin%s, p&actice and p&ocedu&e se specifically p&o-ided fo& in these Rules. RULE 1% FINAL PROVISIONS

g clause. 6 5o& 'unicipal election contests, these &ules supe&sede $.M. #o. 0C)<)11)S( 0The Rules of P&ocedu&e "n Election (ontes nicipal and :a&an%ay Officials2 which beca'e effecti-e on May 11, 200C. $ll othe& &ules, &esolutions, &e%ulations o& ci&cula&s of the Su e inconsistent with any p&o-ision of these Rules a&e he&eby dee'ed &epealed o& 'odified acco&din%ly.

$ clause. These Rules shall ta/e effect fifteen 0112 days afte& thei& publication in a newspape& of %ene&al ci&culation in the Philippines.

) $&ellano aw 5oundation